OSEI vs. OKUTU AND ANOTHER

JUDGMENT OF EDUSEI J. The plaintiff is claiming damages from the defendants for personal injuries and consequential loss as a result of the negligent driving of the first defendant, the servant of the second defendant. The plaintiff has brought an application under Order 14, r. 1 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), for judgment on the ground that there is no defence to the action. The plaintiff in his supporting affidavit has deposed to the fact that the accident happened on 9 December 1975 as a result of the negligent driving of the first defendant. The affidavit further states that the first defendant was put before the District Court, Keta, on charges of careless driving and negligently causing harm and he pleaded guilty to the said charges. He was accordingly convicted and sentenced to a fine of ¢25 or three months’ imprisonment with hard labour. The plaintiff further in his affidavit states that the plea of guilty was in reference to the acci...